We're Splitting Up - What Will Happen To The Children?
Splitting up is never easy but one of the most important questions to be faced by divorcing or separating parents of children under the age of 16 is what will happen to the children?. Separation can be a most stressful time for the adults, but also for the children and their needs must always be at the forefront in any decision which shall affect them.
The first question is who will the children live with?. This used to be called custody but since the implementation of the Children Act 1989 is now known as Residence. The issue of where a child lives is dealt with by considering which parent can best meet the child’s needs.
The second question is then often, what contact (previously known as Access) will the children have with the absent parent? This question can be problematic at this time of year given the forthcoming May Half term holiday and 6 week Summer break that children have from school.
These questions are simple to ask but can be very difficult to decide. For example the practicalities of transporting children say 50 miles per day across the South-East of England, to spend one hour with their absent parent are all too often fraught with problems. Collection arrangements, travel times, sleeping requirements, food and clothing – these are all things which the parents will have to consider prior to making any commitments.
It is best if reasonable decisions can be made between the parents by mutual agreement. Often though the parents will have difficulty discussing these issues with each other depending on the circumstances of the breakdown in their relationship.
The Children Act 1989 sets out a framework of important factors known as the Welfare Checklist that must be considered. This helps the Courts to make decisions affecting the children if the parents cannot come to a mutual decision. A set of conditions dates and times can then be drawn up into a Court order.
If you have issues regarding where your children should live or about problems with contact arrangements which cannot be sorted out with your ex-partner take legal advice on how to resolve the issues as effectively as possible. Your solicitor can advise you on your options including negotiations, mediation or if all else fails referring the matter to Court.
Advice can also be given as to how the Children Act Welfare Checklist would apply to your situation, and on possible solutions to find a way forward.
For further assistance or to have any queries answered please contact our experienced Family Law Solicitor Elizabeth Guppy at Brooker Alexandra Speed Solicitors on 01344 862777 or e-mail her at Elizabeth.guppy@bas-solicitors.co.uk
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